Adult Legal Name Change Requirements in Mississippi
At a glance
| Governing law and court | Miss. Code § 93-17-1; chancery court in the county of the petitioner's residence |
|---|---|
| Who may petition and residency | Current county guidance treats age 21 as the adult track and requires Mississippi residence; a person under 21 needs a parent or guardian to join. File through the chancery clerk for the county of residence (§ 93-17-1; DeSoto instructions) |
| Petition contents and oath | Statewide filing set: civil cover sheet, petition, and proposed order; sign the petition before a notary. Section 93-17-1 supplies no itemized petition-content list. DeSoto County also requires a certified birth certificate |
| Criminal background check | No statewide fingerprint card or criminal-history report appears in § 93-17-1 or the Judiciary's adult guide. Separate status-based restrictions apply to physically incarcerated people and registered sex offenders |
| Publication or notice | No statewide newspaper-publication, posting, or ordinary third-party-notice step appears in § 93-17-1 or the Judiciary's adult guide; confirm any county-specific procedure with the chancery clerk |
| Safety, confidentiality, and special tracks | No express statewide safety-sealing, confidential-name, publication-waiver, or gender-identity name-change track appears in the governing section, the two restriction acts, or the Judiciary's adult guide |
| Hearing and grant standard | The Judiciary's guide directs the filer to obtain a hearing date; DeSoto County expects attendance unless the judge or special master excuses it. Section 93-17-1 states no substantive grant standard |
| Grounds for denial or restriction | Physically incarcerated person: no self-filed petition; only a district attorney, incarcerating-county sheriff, MDOC commissioner/designee, or MDOC chaplain may file. Registered sex offender: name change only through marriage or divorce; certified certificate/decree required (§ 45-33-30; 2022 SB 2263) |
| Fee and post-order effect | County-set fee; DeSoto County lists $148. The Judiciary provides an affidavit to seek filing without prepayment. After signing, the clerk files the order; obtain certified copies for separate agency updates |
Requirements one by one
The filing starts in the resident county's chancery court
Current § 93-17-1(1) gives the chancery court or chancellor in the county of residence jurisdiction “upon the petition of any person to alter the names of such person.” The Mississippi Judiciary's adult guide turns that short rule into a filing set: a civil cover sheet, a notarized petition, and a proposed order filed with the chancery clerk. It then directs the filer to obtain a hearing date.
The governing section does not list the petition's factual contents. County instructions fill in local mechanics. DeSoto County, for example, requires a certified birth certificate, treats age 21 as the adult track, lists a $148 fee, and expects hearing attendance unless the judge or special master excuses it. Confirm the current packet and amount with the filing county.
Two restrictions turn on current status, not any criminal record
The restriction in 2022 SB 2263 §§ 2-3 defines an “offender” here as a physically incarcerated person. That person cannot file a petition personally. A name change is possible only when one of four officials files: a district attorney, the sheriff of the county of incarceration, the Department of Corrections commissioner or designee, or a Department of Corrections chaplain.
(b) "Offender" means any physically incarcerated person convicted of a crime or offense under the laws and ordinances of the state and its political subdivisions or the laws and regulations of the federal government.
Effective July 1, 2026, § 45-33-30 separately restricts a person required to register as a sex offender. The only permitted changes are those resulting from marriage or divorce, supported by a certified marriage certificate or divorce decree. The operative text does not create a broader exception.
Statewide sources do not prescribe publication or fingerprints
Section 93-17-1, the two restriction acts, and the Judiciary's adult guide set no statewide newspaper-publication, posting, fingerprint-card, or criminal- history-report step. They also state no special safety-confidentiality, publication-waiver, or gender-identity track. Because the statute leaves most procedure unstated, ask the chancery clerk about the county's current practice before filing or placing sensitive information in a public document.
Fees and record updates remain separate steps
Fees are county-set. The Mississippi Judiciary publishes an affidavit for a citizen who cannot prepay the costs or provide security, so ask the clerk how to submit that request in the name-change case.
After the chancellor signs the order, the clerk files it. The statewide guide recommends obtaining at least two copies; DeSoto County advises requesting the certified copies needed for separate updates with Social Security, driver- license, and other record keepers.
What trips people up
- The 2026 bill title is broader than the operative text. The title mentions people convicted of crimes of violence, but the enacted prohibition itself applies to people required to register under the sex-offender chapter. The cell follows the enacted section, not the title.
- Incarceration and registration are different restrictions. The 2022 rule blocks self-filing by a physically incarcerated person but supplies four official-filer routes. Section 45-33-30 instead limits a registered person's permitted name changes to marriage or divorce.
- A statewide guide is not a county fee schedule. DeSoto's $148 figure is one current county example; obtain the amount and packet from the chancery clerk where the petition will be filed.
Common questions
Must I publish the requested name in a newspaper?
No statewide publication step appears in the governing section or the Judiciary's adult guide. Confirm whether the filing county imposes any local procedure before assuming no notice will be required.
Must I get fingerprinted?
No statewide fingerprint or background-report step appears in the sources that govern the ordinary adult filing. The separate incarcerated-person and registered-sex-offender restrictions still apply when relevant.
Can I ask to file without paying the fee first?
The Mississippi Judiciary provides an affidavit for commencing a suit without prepayment when the sworn eligibility statement is true. Ask the chancery clerk how that affidavit is handled locally.
Does the signed order update all of my records automatically?
No. Request certified copies and use each agency's separate update process.
Statutes and sources
- Miss. Code § 93-17-1(1) — chancery jurisdiction in the county of residence. Official signed 2026 SB 2126 (accessed 2026-07-30).
- Miss. Code § 45-33-30 — registered-sex-offender restriction, certified- document exceptions, and penalty. Official signed 2026 SB 2126 (accessed 2026-07-30).
- 2022 Miss. Laws, SB 2263 §§ 2-3 — physically incarcerated person's self-filing bar and four official-filer routes. Official signed act (accessed 2026-08-20).
- Mississippi Judiciary adult guide — filing set, notarization, hearing, signed order, and copies. Official guide (accessed 2026-07-30).
- DeSoto County Chancery Clerk instructions — local adult age, residency, birth certificate, fee, hearing, and certified-copy practice. Official county instructions (accessed 2026-07-30).
- Mississippi Judiciary no-prepayment affidavit — sworn fee request. Official form (accessed 2026-07-30).
Source links
Every statute quoted above, linked, with the date we checked it.
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